Former President Donald Trump could be facing contempt of court over allegations that he violated a gag order in his "hush money" case in Manhattan. The development comes amid a controversial effort to prosecute him over payments made to adult film actress Stormy Daniels and model Karen McDougal.
After a hearing last month, Judge Juan Merchan issued a gag order against the former president, barring him from making derogatory statements about the counsel, witnesses, and others involved in the case. The prosecution is claiming Trump violated the order by reposting certain material on social media.
Prosecutors in Donald Trump’s hush money trial suggested Tuesday that the former president has been violating a gag order barring him from attacking witnesses on social media in an attempt to get locked up for political purposes.
The judge, meanwhile, told the defense they were losing credibility with their arguments.
“We are not yet seeking an incarceratory penalty; the defendant seems to be angling for that,” prosecutor Chris Conroy told Judge Juan Merchan at a hearing over whether Trump should be held in contempt over a series of posts on Truth Social that prosecutors argue violated Merchan’s gag order. The ruling prohibits Trump from publicly attacking witnesses and jurors, something prosecutors say he’s done at least 10 times since the order went into effect.
“The purpose of this hearing is to find out whether the defendant Mr. Trump should be held in contempt for one or all of these violations,” the judge said as the hearing began.
“His disobedience of the order is willful, it’s intentional,” Conroy told the judge of Trump. “He knows what he’s not allowed to do and he does it anyway.”
The prosecution brought up several examples of Trump’s alleged violations of the gag order.
Prosecutors highlighted seven instances this month in which Trump made a social media post mentioning likely witnesses Cohen or Daniels, two instances when his campaign website reposted information about Cohen, and one instance where Trump suggested that “undercover liberal activists” are trying to infiltrate the case’s jury.
Five of the 10 alleged violations are instances when Trump or his campaign reposted an article in the New York Post that suggested the case relied on the testimony of “serial perjurer” Michael Cohen.
“We think that it is important for the court to remind Mr. Trump that he is a criminal defendant, and like all criminal defendants, he is subject to court supervision and, in particular, this court’s obligation to preserve the integrity of the Criminal Justice System,” Conroy said.
Prosecutors indicated they are not arguing for Trump to be jailed for the supposed violations. They seek to impose financial penalties against the former president.
Trump’s defense argued that the prosecution did not demonstrate that the former president’s posts were willful violations of the gag order. Instead, they argued that Trump was simply defending himself from attacks made by those who could be witnesses in the case. However, the attorneys were reportedly unable to give an answer when asked for examples.
But Trump attorney Todd Blanche argued “there was absolutely no willful violation” of the April 1 order and said his client was merely responding to a “barrage of political attacks.”
When Merchan pressed Blanche on what specific attacks Trump was responding to when he made the posts, the attorney struggled to answer.
“I keep asking you over and over to give me an example and I’m not getting an answer,” the judge said, appearing frustrated.
Defense attorney Emil Bove last week argued that the gag order “did not prohibit President Trump from responding to political attacks, and we submit that’s what he is doing in these posts.”
While the prosecutors indicated that they are only seeking financial penalties against Trump, they still suggested that further violations should result in jail time.
After a hearing Tuesday morning, Judge Merchan has reserved his decision on the matter.
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